1. The judgment of the court of first instance, including the Defendant-Counterclaim Claim filed by the court prior to the remand.

1. The following facts are acknowledged by the records of the court below's judgment after remand, or the part against the defendant among the plaintiff's main claim of this case among the plaintiff's main claim in the judgment before remanding the case was not the scope of the judgment in the court below since the defendant did not appeal. The judgment of remand was finalized at the same time as the judgment of remand was rendered. The party members of the court below are not the scope of the judgment in the court below after remand, but the party members are not the scope of the judgment in the court below (see, e.g., Supreme Court Decisions 90Da18036, May 24, 1991; 94Da51543, Mar. 10, 195). The scope of the judgment of the party members is limited to the part of monetary claim and the part against the plaintiff among the main claim in the judgment of remand (citing the counterclaim).

In the case of below, the monetary claim and the cited part of the counterclaim shall be considered together.

A. The first instance court accepted the Plaintiff’s request for the extradition of the instant vinyl, and partly accepted the claim for monetary payment.

B. On the judgment of the first instance court, the Plaintiff and the Defendant appealed against each part of the judgment against which they lost, and the Defendant filed a counterclaim seeking monetary payment in the trial before remanding.

C. In the judgment of the court of first instance prior to remand, the part concerning the plaintiff's request for extradition among the judgment of the court of first instance accepted part of the defendant's defense of simultaneous performance, rejected the remainder, and changed to dismiss all the plaintiff's claim for monetary payment. The defendant's counterclaim is partially accepted, and the court rendered a judgment dismissing the remainder of the claim. The plaintiff appealed against the part against the plaintiff's claim for monetary payment and counterclaim among the main lawsuit of the judgment of the court prior to remand.

The appellate court accepted the Plaintiff’s appeal and rendered a judgment that “each part of the original judgment against the Plaintiff regarding a monetary claim and counterclaim shall be reversed, and that this part of the case shall be remanded to the Suwon District Court Panel Division.”